Skip to main content

Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913. Brief of Evidence 1913.

Item Preview

texts
Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913. Brief of Evidence 1913.


Published 1913, 1914,
SHOW MORE


Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913. Brief of Evidence 1913.

Defenders of Leo Frank have long held on to the position that without the testimony of Jim Conley, there never would have been a conviction for Leo Frank. However the truth is, it was Monteen Stover who sparked the chain of events, that led to Leo Frank's astonishing trial statement admission on August 18, 1913, that ultimately sealed his fate and ensured an easy conviction.

How to Solve the Mary Phagan Murder Mystery

Pay special attention to State's Exhibit B (Leo Frank's statement to police on Monday Morning, April 28, 1913) regarding when Leo Frank formerly stated Mary Phagan had entered his office on April 26, 1913, between 12:05 pm and 12:10 pm, maybe 12:07 pm; Monteen Stover's Testimony about finding Leo Frank's office empty on April 26, 1913, between 12:05 pm and 12:10 pm; and Leo Frank's August 18, 1913, response to Monteen Stover's testimony, explaining why his office was empty on April 26, 1913, between 12:05 pm and 12:10 pm, with a supposed "unconscious" visit to toilets in the metal room. Jim Conley stated to the jury he found Mary Phagan dead in the men's bathroom (located in the metalroom).

Leo Frank's incriminating Statement to the jury

It was on August 18th 1913, that Leo Frank mounted the witness stand at about 2:15pm during the final week of his trial, and would counter the specific testimony given by Monteen Stover (about Leo Frank not being in his office from 12:05pm to 12:10pm on the day of the murder), with a most shocking, mind boggling blunder, an admission inescapably entrapping himself and considered by some to be the equivalent to a murder confession.

Leo Frank's Retort About the Inconsistency in his Murder Alibi arising from Monteen Stover's testimony:

Now gentlemen [of the Jury], to the best of my recollection from the time the whistle blew for twelve o’clock [noon on Saturday, April 26, 1913] until after a quarter to one [12:46 p.m.] when I went up stairs [to the fourth floor] and spoke to Arthur White and Harry Denham, to the best of my recollection, I did not stir out of the inner office [located at the front of the second floor]; but it is possible that in order to answer a call of nature or to urinate I may have gone to the toilet [in the metal room located at the rear of the second floor]. Those are things that a man does unconsciously and cannot tell how many times nor when he does it (Leo Frank Trial Statement, August 18, Brief of Evidence, 1913).

The significance of Leo Frank's newfangled bathroom admission, was that the only set of bathrooms on the second floor, were located inside the metal room (see: Defendant's exhibit 61 and State's Exhibit A).

What made Leo Frank's August 18, 1913, newfangled bathroom admission so ineluctably self-incriminating, was that on August 4, 1913, Jim Conley testified he had originally found Mary Phagan dead in the bathroom area of the metal room, after Leo Frank allegedly admitted to him about assaulting her because she wouldn't have sex with him.

Leo Frank's Racist Intrigue Botched

Leo Frank's defenders often invoke the anti-Gentile card, blaming anti-Semitism as the cause of Leo Frank's conviction, but it's really nothing more than a racist smoke screen to hide a most grotesque racist intrigue formulated by Leo Frank. His racist subplot to frame the murder of Mary Phagan on the Negro Nightwatchman. The ugly railroading attempt was uncovered with Defendant's Exhibit A, showing Newt Lee's forged time card altered by Leo Frank. It left 4 hours of unaccounted for time. Frank had initially told the police that New Lee's time card was punched perfectly.

The police found a bloody shirt at Newt Lee's shack planted by Leo Frank's criminal cronies and it's what led to the collapse of Leo Frank's botched and anti-Black railroading of Newt Lee. When Leo Frank's failed attempt to turn Newt Lee into a patsy was uncovered, Leo Frank changed course and tried to pin the crime on Jim Conley his accomplice-after-the-fact. Leo Frank basically tried to frame two different black people for the murder of Mary Phagan. The Jewish community since 1913 monotonically blames the murder of Mary Phagan on Jim Conley, even today.

State's Exhibit J

The Leo Frank Defense long held that the police coerced State's Exhibit J from Minola McKnight, but when considering this position, one should ask themselves who was Leo Frank saving his kisses for (Albert McKnight's affidavit in the Leo Frank Georgia Supreme Court Records, 1913, 1914) and why did Leo Frank so thoughtfully buy his wife a box of chocolates at Jacob's pharmacy on Saturday Evening, April 26, 1913 (State's Exhibit B, Brief of Evidence, 1913).

Appeals

After the conviction of Leo Frank, more information was revealed about his sadistic sexual appetite. A young girl came forward during Leo Frank's appeals. According to the young girl, Leo Frank had bitten her so hard on the area between the thy and vagina, that she was left permanently scarified.
The most reliable primary and secondary sources about Mary Phagan's murder, Leo Frank's trial, appeals and aftermath.

1. The Murder of Little Mary Phagan by Mary Phagan Kean (b. June 5, 1954) was written by the namesake and grandniece of Mary Phagan (1899 - 1913) -- the little girl who was murdered on Georgia Confederate Memorial Day, April 26, 1913. Phagan-Kean produces a rare neutral account of the Mary Phagan murder investigation, coroner's inquest, grandjury indictment, and trial of Leo Frank, including the appeals (1913-1915) and aftermath of the case (1982-1986), that is engaging and well worth reading. Phagan-Kean's book is a very refreshing change from the endless number of contemporary books written by Leo Frank activists over the generations who quote and plagiarize other Leo Frank activists' academic dishonesty and falsified research, to create an artificial consensus of history that Leo Frank was innocent. For more than one hundred years Leo Frank activists have relied upon using fallacious evidence and fabrication about the Leo Frank case to racistly transform the 1913 affair into an anti-Gentile ethno-religious conspiracy.

2. American State Trials, volume X (1918) by John Davison Lawson LLD (Available here on www.Archive.org) the review tends to favor Leo Frank and his legal defense team, because the document provides an abridged version of the trial testimony, redacting and leaving out some very important details damaging to Leo Frank.

Be sure to read the abridged closing arguments of Hugh Dorsey, Frank Arthur Hooper, Luther Rosser and Reuben Rose Arnold. A chronology of Leo Frank's appeals is also included. The last segment provides a detailed account of Leo Frank's lynching.

For a much clearer picture of the trial testimony, read the elusive Leo Frank Trial Brief of Evidence (BOE, 1913) for the official version of the trial testimony. Compare the American State Trials Volume X 1918 version of the BOE with the official record of the Leo Frank trial brief of evidence (1913) to see what was left out (the juiciest stuff) from the American State Trials Volume X, 1918.

3. Argument of Hugh M. Dorsey in the Trial of Leo Frank (Available here on www.Archive.org). Some but not all of the 9 hours of arguments given to the jury at the end of the Leo Frank trial on August 22nd, 23rd, and 25th of 1913 (the 24th was Sunday). Very few libraries in the United States have original copies of this books. There has been an effort over the last 100 years to steal and destroy the remaining copies so as to suppress Hugh Dorsey's closing arguments and peroration.

This excellent book is required reading to see how the prosecutor Hugh Dorsey in sales vernacular: "closed", a Jury panel of 13 men, made up of a judge with a reputation for conscientiousness, along with a jury of 12 men.

On appeals Leo Frank's defense team submitted a petition to judge Roan on 107 grounds for why Leo Frank should get a new trial -- every single ground was rejected with an explanation on October 31, 1913. Judge Roans rejection of each and every one of the 107 grounds put before him, causes most 20th and 21st century neutral observers to realize the judge's appeasing oral remarks to his former law-partner Luther Rosser about questions of Leo Frank's "innocence or guilt" were nothing more of a business courtesy, than an expression of doubt.

At a later time after state appeals to the Georgia Supreme Court failed, Superior Court Judge Benjamin Hill on March 7th, 1914, scheduled Leo Frank to hang on his 30th birthday April 17, 1914, revealing the ultimate truth and strength of his verdict.

4. Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913, Brief of Evidence. Extremely rare, only 3 original copies exist, and they are held at the Georgia State Archive (The unabridged version is available on www.archive.org the version in American State Trials Volume X, 1918 is abridged).

Three Major Atlanta Dailies: The Atlanta Constitution, The Atlanta Journal, The Atlanta Georgian (Hearst's Tabloid Yellow Journalism), The most relevant issues center around April 28th to August 27th 1913.

5. Atlanta Constitution Newspaper: The Murder of Mary Phagan, Coroner's Inquest, Grand Jury, Investigation, Trail, Appeals, Shanking and Lynching of Leo Frank Case in the Atlanta Constitution Newspaper from 1913 to 1915.
Link: http://archive.org/details/LeoFrankCaseInTheAtlantaConstitutionNewspaper1913To1915

6. The Atlanta Georgian newspaper: This selection is covering the Leo Frank Case from April though August, 1913.
Link: http://archive.org/details/AtlantaGeorgianNewspaperAprilToAugust1913

7. The Atlanta Journal Newspaper, April, 28, 1913, through till the end of August, 1913, pertaining to the Leo Frank Case:
Link: http://archive.org/details/AtlantaJournalApril281913toAugust311913

Leo Frank confirms in a jailhouse interview that he might have been in the men's toilet in the metal room (shockingly the prosecution's theory where the murder occurred) at the time Monteen Stover said his office was empty between 12:05 p.m. and 12:10 p.m.
Link: Atlanta Constitution, Monday, March 9, 1914, Leo Frank Jailhouse Interview

8. Tom Watson's Jeffersonian and Watson's Magazine: Watson's Magazine, January 1915, Watson's Magazine, March 1915; Watson's Magazine, August 1915, Watson's Magazine, September 1915, and Watson's Magazine, October of 1915. (Available here on www.Archive.org). Tom Watson's best work on the Leo M. Frank case was published in August and September of 1915. Watson's five works written collectively on the Leo M. Frank topic, provide logical arguments confirming the guilt of Leo M. Frank with superb reasoning. Originals of these magazines are extremely rare and very difficult to find.

1. The Leo Frank Case By Tom Watson (January 1915) Watson's Magazine Volume 20 No. 3. See page 139 for the Leo Frank Case. Jeffersonian Publishing Company, Thomson, Ga.
Link: http://www.archive.org/details/TheLeoFrankCase

2. The Full Review of the Leo Frank Case By Tom Watson (March 1915) Volume 20. No. 5. See page 235 for 'A Full Review of the Leo Frank Case'. Jeffersonian Publishing Company, Thomson, Ga..
Link: http://www.archive.org/details/TheFullReviewOfTheLeoFrankCaseMarch1915

3. The Celebrated Case of The State of Georgia vs. Leo Frank By Tom Watson (August 1915) Volumne 21, No 4. See page 182 for 'The Celebrated Case of the State of Georgia vs. Leo Frank". Jeffersonian Publishing Company, Thomson, Ga..
Link: http://www.archive.org/details/TheCelebratedCaseOfLeoFrank

4. The Official Record in the Case of Leo Frank, Jew Pervert By Tom Watson (September 1915) Volume 21. No. 5. See page 251 for 'The Official Record in the Case of Leo Frank, Jew Pervert'. Jeffersonian Publishing Company, Thomson, Ga..
Link: http://www.archive.org/details/TheOfficialRecordInTheCaseOfLeoFrankJewPervertSeptember1915

5. The Rich Jews Indict a State! The Whole South Traduced in the Matter of Leo Frank By Tom Watson (October 1915) Volume 21. No. 6. See page 301. Jeffersonian Publishing Company, Thomson, Ga..
Link: http://www.archive.org/details/RichJewsIndictTheStateOfGeorgia

Tom Watson's Jeffersonian Newspaper

9. The Tom E. Watson Digital Papers Archive, the University of North Carolina at Chapel Hill:
Link: http://www.lib.unc.edu/dc/watson

Tom W. Brown

10. Notes on the Case of Leo M. Frank, By Tom W. Brown, Emery University, Atlanta, Georgia, 1982. (despite its errors - like mentioning Mary Phagan had bitemarks on her - it is otherwise a great analysis).
Link: http://archive.org/details/NotesOnTheCaseOfLeoMaxFrankAndItsAftermath

Leo Frank Georgia Supreme Court Records (1913, 1914):

11. Leo Frank Georgia Supreme Court Records (1,800 pages).
Link: http://archive.org/details/leo-frank-georgia-supreme-court-case-records-1913-1914


Year 1913
Language English
Collection folkscanomy_crime; folkscanomy; additional_collections
Notes From the Fulton County Superior Court of Atlanta and Georgia Supreme Court Archives

comment
Reviews

There are no reviews yet. Be the first one to write a review.
SIMILAR ITEMS (based on metadata)
eye
Title
Date Archived
Creator
Folkscanomy Crime and Justice: Criminal Acts, and Law
by Instauration
texts
eye 380
favorite 1
comment 1
favoritefavoritefavoritefavoritefavorite ( 1 reviews )
Folkscanomy: Fringe and Off-Center
by Burton Roscoe
texts
eye 449
favorite 0
comment 0
Folkscanomy Crime and Justice: Criminal Acts, and Law
by Leonard Dinnerstein
texts
eye 2,225
favorite 1
comment 3
favorite ( 3 reviews )
Folkscanomy: Fringe and Off-Center
by Leonard Dinnerstein
texts
eye 337
favorite 0
comment 0
Folkscanomy Crime and Justice: Criminal Acts, and Law
by Atlanta Georgia Publishing Company
texts
eye 1,675
favorite 2
comment 2
favoritefavoritefavoritefavoritefavorite ( 2 reviews )
Folkscanomy: Fringe and Off-Center
texts
eye 794
favorite 1
comment 7
favoritefavoritefavorite ( 7 reviews )
Folkscanomy: Fringe and Off-Center
by Charles and Louise Samuels
texts
eye 825
favorite 0
comment 0
Folkscanomy: Fringe and Off-Center
texts
eye 343
favorite 0
comment 0
Folkscanomy: Fringe and Off-Center
by Reuben Rose Arnold, Legal Council
texts
eye 1,154
favorite 0
comment 4
favoritefavorite ( 4 reviews )